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Section 58: Detention and release.

The Code of Civil Procedure, 1908Central Act · Act 5 of 1908

(1) Every person detained in the civil prison in execution of a decree shall be so detained,

(a) where the decree is for the payment of a sum of money exceeding [ [five thousand rupees], for a period not exceeding three months, and,]

[(b) where the decree is for the payment of a sum of money exceeding two thousand rupees, but not exceeding five thousand rupees, for a period not exceeding six weeks.]

(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgmentdebtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed [two thousand rupees.]

(2) A judgment-debtor released from detention under this section shall not merely by reason of his release be discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was detained in the civil prison.

Where this provision sits

ActThe Code of Civil Procedure, 1908
Section58
Marginal noteDetention and release.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it4

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 104 of 1976. . Subs. by Act 104 of 1976, s. 22, for certain words (w.e.f. 1-2-1977).
  • substituted, Act 46 of 1999. . Subs. by Act 46 of 1999, s. 5, "one thousand rupees" (w.e.f. 1-7-2002).
  • substituted. . Subs. by s. 5, ibid., by clause (b) (w.e.f. 1-7-2002).
  • inserted, Act 104 of 1976. . Ins. by Act 104 of 1976, s. 22 (w.e.f. 1-2-1977).
  • substituted, Act 46 of 1999. . Subs. by Act 46 of 1999, s. 5, "five hundred rupees" (w.e.f. 1-7-2002).

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